Published: May 28, 2024 | Jack Bernstein

Is your Las Vegas personal injury lawyer not living up to their promises? Are you feeling unheard, uninformed, or worse, misled? You’re not alone. Many accident victims in Nevada find themselves in this situation, unsure of their options and hesitant to take action.

But here’s the truth: you have the power to change your legal representation. Jack Bernstein Injury Lawyers is here to empower you with the knowledge and guidance you need to make the right decision for your case.

Yes, You Can Fire Your Personal Injury Lawyer: Know Your Rights in Nevada

You absolutely have the right to fire your lawyer in Nevada, at any point during your case. Let’s break down why that is and what you need to know.

Understanding Your Rights as a Client

The relationship between you and your attorney is, at its core, a professional contract. This means:

  • You’re the boss: You have the final say in decisions about your case.
  • You have the right to be informed: Your attorney should keep you updated on your case’s progress and explain legal terms in a way you understand.
  • You can end the contract: If your attorney isn’t meeting your expectations, you can terminate their services.

Nevada takes client rights seriously. The Nevada State Bar has rules in place specifically governing the termination of attorney representation. These rules are designed to protect you and ensure a smooth transition if you choose to switch attorneys.

Before making any decisions, take a close look at your attorney-client agreement. This document will outline the specific terms of your contract, including any procedures or fees associated with ending the relationship.

When is it Time to Consider Firing Your Lawyer? Red Flags to Watch Out For

So, how do you know if it’s time to move on from your current attorney? Here are some warning signs that should raise concerns:

Communication Breakdown

Clear and consistent communication is the cornerstone of any healthy attorney-client relationship. If your lawyer is consistently:

  • Unresponsive: Not returning your calls or emails within a reasonable timeframe.
  • Not providing updates: Leaving you in the dark about the progress of your case.

It may be a sign that they’re not prioritizing your needs.

Signs of Incompetence

While everyone makes mistakes, repeated errors could be a red flag for incompetence. Watch out for:

  • Missed deadlines: Failing to file court documents on time can have serious consequences for your case.
  • Legal errors: Making mistakes in legal strategy or paperwork could jeopardize your chances of a successful outcome.
  • Poor negotiation skills: If your lawyer isn’t able to effectively negotiate with the other side, you might not be getting the best possible settlement.

Ethical Concerns

Ethical violations are a serious matter and should never be ignored. If you suspect your lawyer is engaging in:

  • Conflicts of interest: Representing both you and the other party involved in the accident.
  • Dishonesty: Lying to you or the court.
  • Mishandling funds: Mismanaging your settlement money or case expenses.

It’s crucial to take action immediately.

Personality Clash

Sometimes, personalities simply don’t mesh. If you feel:

  • Lack of trust: You don’t believe your lawyer is working in your best interest.
  • Disrespect: Your lawyer is rude, condescending, or unprofessional.

It can be difficult to build a successful working relationship. Remember, you should feel comfortable and confident in your attorney’s abilities and ethics. If not, it might be time to consider your options.

How to Fire Your Lawyer: The Right Way to End the Relationship

Decided it’s time for a change? Here’s how to fire your personal injury lawyer professionally and protect your interests:

The Termination Letter: Make It Official

A termination letter is the formal way to notify your lawyer that you’re ending their services. It should be clear, concise, and sent via certified mail for proof of delivery.

Key Elements to Include:

  • Your name and contact information
  • Your case details (case name or number)
  • A clear statement of your intent to terminate the representation
  • The date on which the termination is effective
  • A request for your file to be returned to you (or transferred to your new lawyer)

You don’t have to state a reason for firing your lawyer, but you can if you choose to.

Sample Termination Letter:

Dear [Attorney Name],

Please accept this letter as formal notification that I am terminating your representation in my case, [Case Name or Number]. This termination is effective immediately [or specify a date].

Please return my complete case file to me at the following address:

[Your Name] [Your Address]

Thank you for your services.


[Your Signature] [Your Printed Name]

Notifying the Court (If Applicable)

If your case is already in litigation, you’ll also need to notify the court that you’ve changed attorneys. This is done by filing a “Substitution of Attorney” form. Your new lawyer can help you with this process.

Recovering Your File

You have a right to all the documents and information related to your case. This includes any correspondence, medical records, expert reports, and other documents your lawyer has gathered. Make sure to request a copy of your file in writing when you terminate your attorney’s services.

Remember: Don’t let fear or uncertainty hold you back. If you’re not happy with your current representation, you have the right to make a change. Taking control of your legal representation is a crucial step towards getting the outcome you deserve.

Financial Implications of Firing Your Lawyer: What to Expect

Making a change in legal representation can raise some financial questions. Let’s tackle some common scenarios:

Contingency Fee Agreements in Nevada

Most personal injury lawyers in Nevada, including Jack Bernstein Injury Lawyers, work on a contingency fee basis. This means:

  • No win, no fee: You don’t pay your lawyer unless they win your case or secure a settlement.
  • Percentage-based fee: If your case is successful, your lawyer’s fee is a percentage (usually 33.3% to 40%) of the total amount recovered.

What if you fire your lawyer before the case is resolved? The contingency fee agreement should outline how this is handled. Typically, the lawyer is entitled to a portion of the fee based on the amount of work they’ve completed on your case. This is to compensate them for their time and effort, even if they don’t see the case through to the end.

Retainer Fees

Some lawyers may require a retainer fee upfront. This is a deposit against future fees and expenses.

  • Refundable vs. Non-refundable: It’s important to understand whether any portion of the retainer fee is refundable if you terminate the representation. This should be clearly stated in your attorney-client agreement.

Potential Delays and Costs

Switching lawyers mid-case can cause some delays. Your new attorney will need time to get up to speed on your case, which could push back deadlines or court dates.

Additionally, hiring a new lawyer may come with some additional costs:

  • New attorney fees: Your new lawyer might have a different fee structure than your previous one.
  • Case review fees: Some lawyers charge a fee to review your file and assess your case before taking it on.

While these financial implications are important to consider, don’t let them deter you from making a change if you’re unhappy with your current lawyer. In the long run, having a lawyer who is truly advocating for you can make a significant difference in the outcome of your case.

Finding Your Next Advocate: Moving Forward with Confidence

Firing your lawyer might feel like a setback, but it’s actually an opportunity to find an attorney who is the right fit for you and your case. Here’s how to approach this next step with confidence:

Act Quickly but Carefully

Urgency: While you shouldn’t rush into a decision, it’s important to find a new lawyer as soon as possible. There might be deadlines in your case that need to be met, and any delay could hurt your chances of a successful outcome.

Due Diligence: Take your time to research and interview potential attorneys. Ask for referrals, read online reviews, and schedule consultations to get a feel for their personality, experience, and communication style.

Where to Look for a New Lawyer

  • Referrals: Ask friends, family, colleagues, or even other lawyers for recommendations.
  • Nevada State Bar Lawyer Referral Service: This free service connects you with qualified attorneys in your area.
  • Online Directories: Reputable directories like Avvo or Super Lawyers can help you search for lawyers by practice area and location.

Questions to Ask Potential Lawyers

Don’t be afraid to ask tough questions during your consultations. Remember, you’re the one hiring them! Some key questions to consider:

  • Experience: How many personal injury cases have you handled, specifically in Nevada?
  • Success Rate: What kind of results have you achieved for your clients?
  • Communication Style: How often will you update me on my case, and how can I reach you?
  • Fees: What are your fees, and how are they structured?

Choosing the right lawyer can make all the difference in your case. Take the time to find an advocate who you trust and who will fight tirelessly on your behalf.

Your Next Step: Free Consultation with Jack Bernstein Injury Lawyers

If you’re feeling stuck with your current lawyer, remember, you’re not alone and you have options. At Jack Bernstein Injury Lawyers, we’re committed to empowering you to make the best decision for your case.

Contact us today for a free, no-obligation consultation. We’ll listen to your concerns, answer your questions, and provide expert guidance on your next steps.

Don’t let a bad experience with your lawyer derail your chances of getting the justice you deserve. Take control of your legal representation and partner with an advocate who is truly in your corner.

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Contact Us for a Free Consultation

If you have been injured in an accident, contact Jack Bernstein Injury Lawyers for a free, no obligation consultation with experienced Las Vegas accident lawyers. You will gain an advocate for every stage in the claims process until you have the compensation you deserve.

Jack Bernstein Injury Lawyers is available to help you handle your injury claim in the Las Vegas metropolitan area and beyond. Jack Bernstein and his team can offer you the personalized service and legal representation you deserve after an accident.

Call us at (702) 633-3333 or contact us today for a free consultation to discuss your case.

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